Item 6: PH on Exemption from Competitive Bidding for East Broadway Projects

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F. B&H proposes to act as the developer of the Parking Project and provide necessary developer-related services including, but not limited to, contracting for design services; conducting environmental investigations of the area in and around the Parking Project; obtaining all necessary government approvals and permits necessary for construction; selecting and contracting with a general contractor to construct the Parking Project; creating condominium units; post-construction, transferring ownership of the Parking Facility to the City; and providing such other services as may be described in the Agreement for the Disposition and Development of Property between the City of Eugene and B&H (the “DDA”). The Parking Project is scheduled to be completed by the fall of 2007. G. B&H has indicated to City that B&H wishes to select and enter into two separate construction contracts with Lease Crutcher Lewis, LLC (“LCL”) as the general contractor for both the Whole Foods Project and the Parking Project. H. It is the policy of the City to utilize public contracting practices and methods to maximize the efficient use of public resources and purchasing power of public funds. Absent particular circumstances, such rules and laws require the City to use a competitive selection process to select a developer to provide the types of services offered by B&H and to select and award a contract to a general contractor. I. The particular circumstances of the Parking Project, including the development proposal presented by B&H involving both the Whole Foods Project and the Parking Project (together, the “East Broadway Development Projects”), the needed level of experience and the current schedule for completion of the Parking Facility, do not allow for such a competitive selection process. Instead, the City Council, after considering the attached findings, wishes to directly procure developer-related services from B&H and to further authorize B&H to directly select LCL as the general contractor for the Parking Project, as set forth in the DDA. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a Municipal Corporation of the State of Oregon, as follows: Section 1. After considering and approving the findings attached to this resolution as Exhibit 1, the East Broadway Development Projects Disposition and Development Agreement between the City of Eugene and Gerding/Edlen Development Company, LLC and Broadway & High Associates, LLC (the “DDA”), which includes the direct selection of Lease Crutcher Lewis, LLC as the general contractor for the Parking Project, as defined herein, is specifically declared exempt from the state and city competitive selection requirements. Section 2. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution adopted the _____ day of ________________, 2006. ________________________________________ City Recorder L:\CMO\2006 Council Agendas\M060313\S0603137.doc